Buying Counterfeit Goods Online May Preclude You From Trusted Traveler Programs

by Marc P. Misthal, Guest Blogger on Wednesday, 21 February, 2018

Clients facing problems with online counterfeiting often ask us what they can do to stop the sale of the low-cost counterfeits. One thing we frequently recommend is that trademark or copyright rights, as appropriate, be recorded with US Customs and Border Protection (CBP). Once rights are recorded with CBP, it will monitor shipments entering the country and seize counterfeit goods. CBP cannot monitor every shipment coming into the United States, but it can and does seize counterfeits, preventing the products from ever reaching their recipient. 

Once CBP seizes product, it sends a notice to the rights owner with the particulars of the seizure (typically the notice identifies the name of the exporter, the name of the importer, the rights involved, the number of units involved and the port at which the seizure was made). After that it is up to the rights owner to take further action. 

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Topics: counterfeits

Fashion Companies Are Fighting Counterfeits with Fake Counterfeits

by T+B BLOG TEAM on Wednesday, 14 February, 2018

Besides plenty of celebrity models, this year’s New York Fashion Week shows have featured lots of high fashion, along with dogs, babies, and robots on the runway. At the same time, on a lower Manhattan street known for selling counterfeit merchandise, you can find some garments bearing the label “Deisel.” That brand name might look like a misspelling of “Diesel,” but believe it or not, the letter mix-up is intentional.

Instead of putting on a show during Fashion Week, the Italian brand Diesel opened a pop-up shop on Canal Street using the brand name “Deisel.” The company’s founder, Renzo Rosso told AFP: “…we created a fake product, a fake name, and we came to the counterfeit district.”

Rosso told AFP that more than a million counterfeit Diesel products are sold annually. And, according to The New York Times, Diesel shut down more than 80 website selling counterfeit products last year. Rosso said: "We have so many counterfeit products all over the world I thought, 'Why can't we play with this problem that we have?'"

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Topics: Brand protection, counterfeits

Scotch Whisky Trademark Renewed in China for 10 Years

by T+B BLOG TEAM on Thursday, 8 February, 2018

The Scotch Whisky Association (SWA) has successfully renewed its trademark for the “Scotch whisky” trademark in China for 10 years. The first “Scotch whisky” trademark agreement with China was reached in 2008. The recent renewal extends the trademark until 2028.

The SWA has coordinated efforts with the British Embassy and Chinese authorities to prohibit locally produced spirits from being sold as “Scotch” in China. Many of the Chinese-made spirits use Scottish words and images in their names and logos, which have been trademarked in China. According to The Drinks Business, the SWA has already dealt with 200 brands of fake “Scotch” and challenged more than 100 trademarks.

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Topics: trademark

The Latest in Celebrity Trademark Applications: An Oscar Nominee Record-Holder

by T+B BLOG TEAM on Wednesday, 7 February, 2018

The annual film award season is in full swing — Golden Globes, SAGs, BAFTAs, Oscars, etc. — so why wouldn’t an oft-nominated film actress file a trademark application for her name during that very time period?

“Oft-nominated” could only mean one person, and, of course, that’s Meryl Streep. Her most recent nomination is for Lead Actress for the film ‘The Post’ from the Academy of Motion Picture Arts and Sciences, otherwise known as “The Oscars.” It is her 21st Oscar nomination — an Oscar record. Streep was also nominated for the same role for a Golden Globe Award, but lost to Frances McDormand for her performance in ‘Three Billboards Outside Ebbing, Missouri.’

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Topics: trademark, names

The Beatles File Lawsuit to Stop Counterfeits 

by T+B BLOG TEAM on Monday, 5 February, 2018

Two Beatles’-owned companies — Apple Corps Ltd. and Subafilms Ltd. — filed a lawsuit last week against nearly 50 internet dealers and aliases for “promoting, distributing and selling items that bear counterfeit logos or imitations of their respective trademarks,” Billboard reports.

Apple Corps Ltd., which Is owned by Paul McCartney, Ringo Starr, and the estates of John Lennon and George Harrison, owns the Beatles’ merchandising rights. Subafilms Ltd., similarly owned, manages the rights from the Beatles movie, ‘Yellow Submarine.’ Among the dozens of defendants named in the lawsuit are Good luck to you, GreenMango Store, HOOK ON YOU,, and more.

In addition to selling counterfeit Beatles merchandise on their own websites, the lawsuit claims it’s also being sold on online marketplaces like eBay, Etsy, and Amazon. The merchandise includes apparel, bedding, backpacks, phone cases, backpacks, and doormats that are of “a quality substantially and materially different than that of Plaintiffs’ respective, genuine goods.” 

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Topics: counterfeits, trademark


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